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Patna High Court

Pinki KumariversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, Pinki Kumari.

Summary

Pinki Kumari, wife of Ankush Kumar, applied for regular bail in a case registered under Sections 189(2), 126(2), 115, 352, 109 and 85 of the Bihar Penal Code (BNS) and Sections 3 and 4 of the Dowry Prohibition Act. The prosecution alleged that the informant’s husband, Arun Kumar, failed to meet a dowry demand of Rs 2 lakh, leading to cruelty, assault and an attempted murder attempt on 03‑08‑2024, with Pinki Kumari and other in‑laws accused of taking the victim to a forest and assaulting her. The petitioner’s counsel argued that the charges were vague, that Pinki Kumari is a sister‑in‑law with no criminal antecedent, and that co‑accused of similar standing had already been granted bail. The State’s Additional Prosecutor opposed bail, citing the seriousness of the offences. Considering the lack of prior record, the similarity to other bail‑granted co‑accused, and the petitioner’s gender, the court inclined to enlarge bail. Consequently, the court ordered her release on a bail bond of Rs 10,000 with two sureties of the same amount.

Issues considered

  • Whether regular bail should be granted to Pinki Kumari despite the serious nature of the offences alleged under the BNS and Dowry Prohibition Act.
  • Whether the allegations against the petitioner are sufficiently specific to deny bail.
  • Whether the grant of bail to co‑accused of similar standing mandates similar relief for the petitioner.

Legislation cited

Subjects

  • regular bail
  • dowry harassment
  • assault
  • Indian Penal Code
  • Dowry Prohibition Act
  • gender
  • domestic violence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90051 of 2025
                     Arising Out of PS. Case No.-279 Year-2024 Thana- KHIJARSARAI District- Gaya
                 ======================================================
                 Pinki Kumari Wife of Ankush Kumar Resident of Village - Pathar Nadira,
                 P.S.- Khizersarai, District - Gaya Ji
                                                                      ... ... Petitioner/s
                                                       Versus
           1.     The State of Bihar
           2.     Sapna Kumari Wife of Arun Kumar R/o Village - Pathra, P.S. - Khizersarai,
                  DIst. - Gaya Ji.
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ujjawal Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   27-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 189(2),

                   126(2), 115, 352, 109 and 85 of the BNS and under Sections 3 and

                   4 of the Dowry Prohibition Act.

                                3. The case of the prosecution, in short, is that the

                   informant was married with one Arun Kumar and they were

                   having a daughter out of the wedlock. The allegation is that the

                   informant was subjected to cruelty on account of non-fulfillment

                   of dowry demand of Rupees Two Lakh. On 03.08.2024, the

                   petitioner along with other in-laws on pretext of watching fair

                   organized in Barabar Mountain, took her to a secluded place in

                   forest and assaulted her with slaps, fists and bricks and thinking
            Patna High Court CR. MISC. No.90051 of 2025(2) dt.27-01-2026
                                                        2/2




                      her to be dead, the assailants fled away.

                                   4. Learned counsel for the petitioner submits that the

                      allegation against the petitioner is general and omnibus. Learned

                      counsel has further submitted that the petitioner is sister-in-law of

                      the informant and is in custody since 23.09.2025. Learned counsel

                      for the petitioner has further submitted that even the husband and

                      other similarly situated co-accused have been granted bail by the

                      learned Co-ordinate Benches vide Cr. Misc. Nos. 52672 of 2025

                      and 4558 of 2025. The case of this petitioner stands on similar

                      footing. Learned counsel for the petitioner has lastly submitted

                      that the petitioner is a lady having no criminal antecedent.

                                   5. Learned Additional Prosecutor for the State has

                      vehemently opposed the bail application of the petitioner.

                                   6. Considering the aforesaid facts and circumstances of

                      the case, this court is inclined to enlarge the petitioner on bail. The

                      above named petitioner is directed to be released on bail in

                      connection with Khizersarai P.S. Case No. 279 of 2024 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Judicial Magistrate- 1st Class, Gaya Jee.



                                            (Ashok Kumar Pandey, J)
durgesh/-
U      T


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